JULIA Gillard has been cornered by the High Court decision and, foolishly, in her anger and policy anguish, she is turning on the justices. It's a bad look.

Never mind that Liberal politicians did this on occasion. Labor's habit of invoking Liberal precedents is becoming increasingly a sign of insecurity in its own actions.

Gillard has, at this moment, lost control of this issue. She has to make sure she can keep control of her government.

And the suggestion, as the government did some mopping up after the Gillard outburst, that this wasn't really an attack is bizarre.

Gillard took an axe to the court, saying the decision was a missed opportunity to fight people-smuggling and that it has turned the interpretation of the law on its head. For good measure, she hit out at Chief Justice Robert French for not following the line he had taken before he reached the High Court.

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To attack the umpire looks like a fit of the sulks or, as Professor Frank Brennan said of her onslaught against French, a dummy spit.

Anyway, it's futile. The High Court has settled the matter and that's that. If it is not to sink further into this morass the government needs to be regrouping and quickly. It has to show the public - and the people smugglers - that it has some strategy. There was no sign of one yesterday. Gillard says the Solicitor-General's advice is that the High Court decision throws doubt over all offshore processing, even where it has been done before - that is in Nauru and Manus Island. It might be a cheap shot to make this point, but the Solicitor-General's advice - that the Malaysian deal was on solid legal ground - wasn't crash hot before.

The court has made a distinction between the situation in Nauru (where the Australian government had control) and the Malaysian one. This doesn't mean Nauru would necessarily stand up legally, but the opposition's argument that it probably would is at least plausible.

In trying to manage this crisis, Gillard also faces a caucus that threatens to become suddenly engaged on the issue. Leading Left figures are appalled at the prospect that tougher measures could be contemplated. But Mark Bishop, from the Right and WA, is demanding them; he is not a major player but may represent what some others are thinking.

Gillard has, at this moment, lost control of this issue. She has to make sure she can keep control of her government. She cannot afford serious Labor infighting to consume this debate. It could quickly turn into a party debate about leadership.

166 comments

Julia Gillard has demonstrated repeatedly that she has little political judgement and that her instincts are invariably wrong. It is time she stood aside for she is clearly not up to the job. Blaming the Chief Justice for her own policy debacle is not the action of a national leader but it has become her hallmark - too arrogant to admit her own mistakes. Dangerous.

Commenter

Jack

Location

Melbourne

Date and time

September 02, 2011, 7:30AM

Wales is nice this time of year Jools. I've got some frequent flyer points if you need them.

Commenter

zac48

Location

Melb.

Date and time

September 02, 2011, 7:31AM

Perhaps the Prime Minister could threaten to call an enquiry into the operation of the High Court, this tactic seems to be paying dividends against News Ltd and journalists who write bad things about her.

Commenter

SteveH.

Date and time

September 02, 2011, 7:34AM

The prime minister's attack on the High Court decision, and in particular, the Chief Justice is deplorable. The judgment focussed on the process and the non-adherence to it by ministers of the Crown, not on the ministers themselves. Why the need to get so personal?So what if the Chief Justice hasn't been as consistent as the PM expected; he was one of 6 judges who voted against it. This is the whole problem with the Labor government;there is too little focus on doing what's they really believe and explaining it to the Australian people and too much focus on popularism and polls and the consequences of that are that we have the worst federal government in living memory. Craig Thomson must be breathing a little easier today, but not for long I suspect.

Commenter

BJ

Location

Dobell electorate,Central Coast NSW

Date and time

September 02, 2011, 7:38AM

I've got an idea. We all know that the Governor General likes to spend lots of taxpayer dollars on flower arrangements right. Well, why don't we all send her a flower with an engaging card suggesting that we believe that we have a dud PM and a dysfunctional government that needs to be culled so that she doesn't get into trouble with Queenie? Hopefully, with any luck that is, this may get her to open the curtains and take a look outside and witness the sea of angry Australian people and cause her to say "Golly" maybe I should do something!!

Commenter

Eddie

Location

South Coast, NSW

Date and time

September 02, 2011, 7:45AM

Why attack the integrity of Chief Justice Robert French, yet SUPPORT Craig Thomsom?!!

Commenter

Peter

Location

Melbourne

Date and time

September 02, 2011, 7:48AM

Get rid of her I say and here unaustralian government.Put Abbott in charge and let's get this place moving.I want an Australia where:1 There is no carbon tax/ETS. Replace it with Direct Action. OK direct Action is still a tax and is likely to be less efficient but don't worry as it will probably not even be introduced.2. The miners get another tax break.3. Company taxes aren't reduced.4. Spending on infrastructure is reduced.5. Welfare for the middle classes is increased.6. Tax rates on higher income earners are reduced.7. Superannuation is not increased and maybe even reduced.8. Asylum seekers are sent to Nauru where they can be held prior to all of them coming to Australia.9. It is easier to sack workers.10. Thousands and thousands of public servants are sacked.11. A protection wall on all local industries is put in place.12. Unfettered gambling rights are allowed to all.13. Attractive and enticing ciggie packaging is brought back.14. Where spending on public health and education is reduced.15. All sport is put on pay TV.

We want OUR Australia back!!!!

Commenter

Tony

Date and time

September 02, 2011, 7:53AM

If Julia Gillard wants to assert her leadership she has to come up with something to please almost everyone.

The building industry is suffering and people need more work.

One option would be to build a detention centre in each state. It would provide stimulation to the economy and work for a variety of people. They could use local building products and even local steel.

The food required to feed the refugees could be sourced from our farms and everyone would gain from the benefits.

Commenter

Rod

Location

The Coast

Date and time

September 02, 2011, 7:54AM

Michelle you would dearly wish for a change of leadership, but i dont know what you'd write about if she goes. Her leadership is not under threat so tell readers some thing interesting, like what happens if Naru is off limits too. Now that's a problem!!!